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Full Text of SB0571  99th General Assembly

SB0571ham002 99TH GENERAL ASSEMBLY

Rep. Jehan Gordon-Booth

Filed: 5/26/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 571

2    AMENDMENT NO. ______. Amend Senate Bill 571 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Enterprise Zone Act is amended by
5changing Section 5.3 as follows:
 
6    (20 ILCS 655/5.3)  (from Ch. 67 1/2, par. 608)
7    Sec. 5.3. Certification of Enterprise Zones; Effective
8date.
9    (a) Certification of Board-approved designated Enterprise
10Zones shall be made by the Department by certification of the
11designating ordinance. The Department shall promptly issue a
12certificate for each Enterprise Zone upon approval by the
13Board. The certificate shall be signed by the Director of the
14Department, shall make specific reference to the designating
15ordinance, which shall be attached thereto, and shall be filed
16in the office of the Secretary of State. A certified copy of

 

 

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1the Enterprise Zone Certificate, or a duplicate original
2thereof, shall be recorded in the office of recorder of deeds
3of the county in which the Enterprise Zone lies.
4    (b) An Enterprise Zone certified prior to January 1, 2016
5or on or after January 1, 2017 shall be effective on January 1
6of the first calendar year after Department certification. An
7Enterprise Zone certified on or after January 1, 2016 and on or
8before December 31, 2016 shall be effective on the date of the
9Department's certification. The Department shall transmit a
10copy of the certification to the Department of Revenue, and to
11the designating municipality or county.
12    Upon certification of an Enterprise Zone, the terms and
13provisions of the designating ordinance shall be in effect, and
14may not be amended or repealed except in accordance with
15Section 5.4.
16    (c) With the exception of Enterprise Zones scheduled to
17expire before December 31, 2018, an Enterprise Zone designated
18before the effective date of this amendatory Act of the 97th
19General Assembly shall be in effect for 30 calendar years, or
20for a lesser number of years specified in the certified
21designating ordinance. Notwithstanding the foregoing, any
22Enterprise Zone in existence on the effective date of this
23amendatory Act of the 98th General Assembly that has a term of
2420 calendar years may be extended for an additional 10 calendar
25years upon amendment of the designating ordinance by the
26designating municipality or county and submission of the

 

 

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1ordinance to the Department. The amended ordinance must be
2properly recorded in the Office of Recorder of Deeds of each
3county in which the Enterprise Zone lies. Each Enterprise Zone
4in existence on the effective date of this amendatory Act of
5the 97th General Assembly that is scheduled to expire before
6July 1, 2016 may have its termination date extended until July
71, 2016 upon amendment of the designating ordinance by the
8designating municipality or county extending the termination
9date to July 1, 2016 and submission of the ordinance to the
10Department. The amended ordinance must be properly recorded in
11the Office of Recorder of Deeds of each county in which the
12Enterprise Zone lies. An Enterprise Zone designated on or after
13the effective date of this amendatory Act of the 97th General
14Assembly shall be in effect for a term of 15 calendar years, or
15for a lesser number of years specified in the certified
16designating ordinance. An enterprise zone designated on or
17after the effective date of this amendatory Act of the 97th
18General Assembly shall be subject to review by the Board after
1913 years for an additional 10-year designation beginning on the
20expiration date of the enterprise zone. During the review
21process, the Board shall consider the costs incurred by the
22State and units of local government as a result of tax benefits
23received by the enterprise zone. Enterprise Zones shall
24terminate at midnight of December 31 of the final calendar year
25of the certified term, except as provided in Section 5.4.
26    (d) No more than 12 Enterprise Zones may be certified by

 

 

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1the Department in calendar year 1984, no more than 12
2Enterprise Zones may be certified by the Department in calendar
3year 1985, no more than 13 Enterprise Zones may be certified by
4the Department in calendar year 1986, no more than 15
5Enterprise Zones may be certified by the Department in calendar
6year 1987, and no more than 20 Enterprise Zones may be
7certified by the Department in calendar year 1990. In other
8calendar years, no more than 13 Enterprise Zones may be
9certified by the Department. The Department may also designate
10up to 8 additional Enterprise Zones outside the regular
11application cycle if warranted by the extreme economic
12circumstances as determined by the Department. The Department
13may also designate one additional Enterprise Zone outside the
14regular application cycle if an aircraft manufacturer agrees to
15locate an aircraft manufacturing facility in the proposed
16Enterprise Zone. Notwithstanding any other provision of this
17Act, no more than 89 Enterprise Zones may be certified by the
18Department for the 10 calendar years commencing with 1983. The
197 additional Enterprise Zones authorized by Public Act 86-15
20shall not lie within municipalities or unincorporated areas of
21counties that abut or are contiguous to Enterprise Zones
22certified pursuant to this Section prior to June 30, 1989. The
237 additional Enterprise Zones (excluding the additional
24Enterprise Zone which may be designated outside the regular
25application cycle) authorized by Public Act 86-1030 shall not
26lie within municipalities or unincorporated areas of counties

 

 

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1that abut or are contiguous to Enterprise Zones certified
2pursuant to this Section prior to February 28, 1990. Beginning
3in calendar year 2004 and until December 31, 2008, one
4additional enterprise zone may be certified by the Department.
5In any calendar year, the Department may not certify more than
63 Zones located within the same municipality. The Department
7may certify Enterprise Zones in each of the 10 calendar years
8commencing with 1983. The Department may not certify more than
9a total of 18 Enterprise Zones located within the same county
10(whether within municipalities or within unincorporated
11territory) for the 10 calendar years commencing with 1983.
12Thereafter, the Department may not certify any additional
13Enterprise Zones, but may amend and rescind certifications of
14existing Enterprise Zones in accordance with Section 5.4.
15    (e) Notwithstanding any other provision of law, if (i) the
16county board of any county in which a current military base is
17located, in part or in whole, or in which a military base that
18has been closed within 20 years of the effective date of this
19amendatory Act of 1998 is located, in part or in whole, adopts
20a designating ordinance in accordance with Section 5 of this
21Act to designate the military base in that county as an
22enterprise zone and (ii) the property otherwise meets the
23qualifications for an enterprise zone as prescribed in Section
244 of this Act, then the Department may certify the designating
25ordinance or ordinances, as the case may be.
26    (f) Applications for Enterprise Zones that are scheduled to

 

 

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1expire in 2016, including Enterprise Zones that have been
2extended until 2016 by this amendatory Act of the 97th General
3Assembly, shall be submitted to the Department no later than
4December 31, 2014. At that time, the Zone becomes available for
5either the previously designated area or a different area to
6compete for designation. No preference for designation as a
7Zone will be given to the previously designated area.
8    For Enterprise Zones that are scheduled to expire on or
9after January 1, 2017, an application process shall begin 2
10years prior to the year in which the Zone expires. At that
11time, the Zone becomes available for either the previously
12designated area or a different area to compete for designation.
13No preference for designation as a Zone will be given to the
14previously designated area.
15    Each Enterprise Zone that reapplies for certification but
16does not receive a new certification shall expire on its
17scheduled termination date.
18(Source: P.A. 97-905, eff. 8-7-12; 98-109, eff. 7-25-13.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".